Terms of Service

brightstack is an AI productivity platform for engineering leaders. The Service provides tools driven by machine learning to help leaders surface signals, plan work, and run their teams. Subject to your compliance with these Terms, brightstack grants you a limited, non-exclusive, non-transferable right to access and use the Service.

You may provide inputs to the Service ("Inputs") and receive responses, summaries, or other outputs based on those Inputs (collectively, "Outputs"; Inputs and Outputs are "Content"). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions necessary for us to process the Inputs under these Terms and to provide the Service to you.

BRIGHTSTACK WILL NOT USE CONTENT TO TRAIN, OR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS, UNLESS YOU HAVE EXPLICITLY AGREED TO THE USE OF CONTENT FOR TRAINING. You can find instructions in the Service for how to manage your preferences regarding the use of Inputs and Outputs for training.

You acknowledge that Outputs are generated automatically by machine learning technology and may be similar to or the same as Outputs provided to other customers, and no rights to any Outputs generated, provided, or returned by the Service for or to other customers are granted to you under these Terms. You further acknowledge the limitations of large language and other AI models, including that (i) Outputs may contain errors or misleading information, (ii) AI models can struggle with the nuances of language and complex reasoning, and (iii) data used to train AI models may be of poor quality or biased. You are responsible for evaluating, and bearing all risks associated with, the use of any Outputs, including any reliance on their accuracy, completeness, or usefulness.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code, or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, or sell the Service; (iv) remove any proprietary notices from the Service; (v) use the Service or any Outputs to develop or train a model that is competitive with the Service, or engage in model extraction or theft attacks; (vi) probe, scan, or attempt to penetrate the Service; (vii) provide to any third party the results of any benchmark tests of the Service unless you include all necessary information for others to replicate the tests; (viii) harvest, scrape, or extract data from the Service; (ix) use the Service in any manner that infringes, misappropriates, or otherwise violates any third party's intellectual or other rights, or that violates any applicable laws or regulations; (x) send brightstack data or information that is subject to specific protections under applicable laws beyond any requirements that apply to "personal information" or "personal data" generally, including information regulated by HIPAA, PCI DSS, the Gramm-Leach-Bliley Act, or other U.S. federal, state, or foreign laws applying specific security standards; or (xi) knowingly permit any third party to do any of the foregoing. You will promptly notify brightstack of any unauthorized use that comes to your attention and provide reasonable cooperation to prevent and terminate such use.

From time to time, brightstack may make Beta Services available to you. Beta Services will be clearly designated as beta, pilot, limited release, non-production, early access, evaluation, or a similar description. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms. Beta Services are provided on an "as-is" and "as available" basis without any warranty, support, maintenance, or storage of any kind. brightstack may discontinue Beta Services at any time in its sole discretion. BRIGHTSTACK SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.

The Service may include features that automatically execute actions on your behalf in connected third-party tools (for example, sending emails, creating tickets, or updating calendar events) without manual review or confirmation. Such features will be clearly labeled. By enabling these features, you acknowledge and agree that you are assuming all risks associated with the automatic execution of agent actions, including without limitation unintended messages, data changes, system outages, software defects, and security vulnerabilities. YOU ARE SOLELY RESPONSIBLE FOR ANY IMPACT RESULTING FROM USE OF THESE FEATURES, INCLUDING ENSURING APPROPRIATE SAFEGUARDS, REVIEW WORKFLOWS, AND MONITORING ARE IN PLACE.

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 4 are subject to any pricing and payment terms set forth in an order form.

brightstack reserves the right to determine pricing for the Service. brightstack may change the fees for any feature of the Service if brightstack gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on brightstack's net income.

To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. brightstack assumes no liability or responsibility for any payments you make through the Service.

The Service may include subscription-based plans with automatically recurring payments for periodic charges. The Subscription Billing Date is the date when you purchase your first subscription. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account, and will automatically renew for successive periods of the same duration unless you cancel or we terminate it. By activating a Subscription Service, you authorize brightstack or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

brightstack may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

brightstack and its licensors shall own and retain all right, title, and interest in and to the Service, all improvements, enhancements, or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms, and brightstack reserves all rights to the Service not granted in these Terms.

We appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service ("Feedback"), then you grant brightstack the right to exploit the Feedback without restriction or compensation to you.

You retain all right, title, and interest you have in Inputs, and brightstack hereby assigns to you all of our right, title, and interest, if any, in and to any Outputs.

brightstack may (i) collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security, analytics, and to enhance the Service, and (ii) disclose Usage Data to third parties only in an aggregated and/or de-identified form and in a manner that does not identify you. "Usage Data" means technical logs, data, and learnings about your use of and interactions with the Service, but excludes Content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BRIGHTSTACK ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BRIGHTSTACK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BRIGHTSTACK ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES, AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BRIGHTSTACK FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR, IF GREATER, (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and brightstack, whether arising out of or relating to these Terms (including any alleged breach), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into these Terms, you and brightstack are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You may opt out of arbitration within 30 days of account creation, or within 30 days after any update to these arbitration terms takes effect, by sending an email to [email protected] from the email address used to create your account, providing your first and last name and a clear statement of intent to opt out of mandatory arbitration.

YOU AND BRIGHTSTACK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and brightstack agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s), except that you may pursue a claim for, and the arbitrator may award, public injunctive relief under applicable law to the extent required for the enforceability of this provision.

brightstack is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing [email protected]. If those efforts prove unsuccessful, a party who intends to seek arbitration must first send the other a written Notice of Dispute ("Notice"). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If brightstack and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or brightstack may commence an arbitration proceeding.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. Information about the AAA is available at https://www.adr.org. The arbitrator must follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will take place in a reasonably convenient location for both parties. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any arbitration fees are not specifically allocated to either party under the AAA Rules, brightstack and you shall split them equally; provided that if you demonstrate economic inability to pay your portion, or if the arbitrator otherwise determines that you should not be required to pay your portion, brightstack will pay your portion of such fees.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 16.2) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term, and this Arbitration Agreement will be enforceable as so modified. If a court or arbitrator decides that any of the provisions of Section 16.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and brightstack regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under them at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time, nor will a waiver by us of any breach or default be a waiver of any subsequent breach or default. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

The laws of the State of Delaware, USA will govern these Terms except for its conflicts of laws principles. Except as provided in the Dispute Resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts located in Delaware.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

You may contact us by emailing [email protected].

We are under no obligation to provide support for the Service. Where we offer support, it will be subject to published policies or your applicable subscription plan.

You must comply with all applicable trade laws, including sanctions and export control laws. The Service may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory, or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Service may not be used for any end use prohibited by applicable trade laws, and your Inputs may not include material or information that requires a government license for release or export.

If you have entered into a separate written agreement with brightstack that covers your use of the Service, in the event of conflict, the order of precedence is (i) that signed agreement, (ii) any executed order form, (iii) the Data Processing Addendum, and (iv) these Terms.